DRUG AND ALCOHOL TESTING FOR SCHOOL BUS DRIVERS

Transcription

1 FILE: GDQ-PC DRUG AND ALCOHOL TESTING FOR SCHOOL BUS DRIVERS A. Generally The Omnibus Transportation Employee Testing Act of 1991 requires alcohol and drug testing of safety-sensitive employees in the aviation, motor carrier, railroad and mass transit industries. The Department of Transportation (DOT) published rules mandating alcohol misuse and anti-drug prevention programs in February, The 1994 rules generally require implementation beginning on January 1, 1995, for large employers (50 or more safety-sensitive employees) and January 1, 1996, for small employers (49 or fewer safety-sensitive employees). Prohibited Conduct Drivers are prohibited from alcohol possession and/or use on the job, use during the four hours before performing safety-sensitive functions, having prohibited concentrations of alcohol in their systems while on duty or performing safety-sensitive functions, and use during eight hours following an accident or until after undergoing a post-accident alcohol test, whichever occurs first. No driver shall report for duty or remain on duty requiring the performance of safety-sensitive functions when the driver uses any controlled substances except when the use is pursuant to the instructions of a licensed medical practitioner who has advised the driver that the substance does not adversely affect his ability to safely operate a commercial motor vehicle. B. Applicability Applicants and employees who must be tested are those who are required to have a Commercial Driver s License (CDL) to perform their jobs to include: transportation supervisor, bus garage foreman, drivers of school and activity buses, bus mechanics, substitute bus drivers and such other employees assigned safety-sensitive functions as recommended by the Superintendent and approved by the School Board. EDITOR S NOTE Safety-Sensitive Function means any or those on duty functions, including, but not limited to: waiting to be dispatched; inspecting; servicing or conditioning a commercial motor vehicle; all driving time; all time in or upon any commercial motor vehicle; all time loading or unloading a vehicle; and all time repairing, obtaining assistance or remaining in attendance upon a disabled vehicle. C. Alcohol Testing Program 1. Prohibited Use

2 Performance of safety-sensitive functions is prohibited: a. While having a breath alcohol concentration of 0.04 percent or greater as indicated by an alcohol breath test. b. While using alcohol. c. Within four (4) hours after using alcohol. d. For refusing to submit to an alcohol test and using alcohol within eight (8) hours after an accident or until tested. 2. Required Alcohol Tests/Exception a. Required tests 1. Pre-employment conducted before applicants are hired or after an offer to hire, but before actually performing safetysensitive functions for the first time. Also required when employees transfer to a safety-sensitive position. 2. Post-accident conducted after accidents on employees whose performance could have contributed to the accident. 3. Reasonable suspicion conducted when a trained supervisor observes behavior or appearance that is characteristic of alcohol misuse. 4. Random conducted on a random unannounced basis just before, during or just after performance of safety-sensitive functions. 5. Return-to-duty and follow-up conducted when an individual who has violated the prohibited alcohol conduct standards returns to performing safety-sensitive duties. Follow-up tests are unannounced and at least six (6) tests must be conducted in the first twelve (12) months after an employee returns to duty. Follow-up testing may be extended for up to sixty (60) months following return to duty. 3. Alcohol Testing Procedures a. Test Devices Evidential breath testing (EBT) devices approved by the National Highway Traffic Safety Administration (NHTSA) shall be used to determine if a person has a prohibited alcohol concentration. b. Screening Test A screening test shall be conducted first. Any result less than 0.02 alcohol concentration will be considered a negative test. If the alcohol concentration is 0.02 or greater a confirmation test shall be conducted. c. Confirmation Test/Dispositions 1. If the confirmation test shows an alcohol concentration of 0.02 or greater but less than 0.04: (A) For job applicants, the hiring process will terminate; (B) Employees shall not perform safety-sensitive functions (i) until the next scheduled duty period 24 hours, or (ii) a retest shows the alcohol concentration has fallen below 0.02.

3 D. Drug Testing Program 2. If the confirmation test shows an alcohol concentration of 0.04 or greater: (A) For job applicants, the hiring process will terminate; (B) Employees shall not perform safety-sensitive functions until (i) evaluated by the medical review officer (MRO), (ii) treated (if required) by a substance abuse professional (SAP), and (iii) retested with an alcohol concentration result below Failure to achieve the below 0.02 concentration will result in termination of employment in the safetysensitive position. Work days lost must be taken as sick leave (if available) or leave without pay. 1. Applicability/Required Tests The federal drug testing rules cover the same categories of safety-sensitive employees as those enumerated in subsection B of this policy. EDITOR S NOTE For required tests see subsection C2 of this policy. 2. Prohibited Use of Drugs The illicit use of the following drugs by safety-sensitive employees, on or off duty, is prohibited: a. Marijuana (THC metabolite) b. Cocaine c. Amphetamines d. Opiates (including heroin) e. Pheneyclidine (PCP) EDITOR S NOTE For all the listed drugs, except PCP, there are some limited medical uses for the drugs that may explain a positive test result. If the medical review officer s investigation validates appropriate medical use, a negative test will be reported. 3. Testing Procedure a. Urinalysis/Split-Sample Testing Drug testing will be conducted by analyzing a safety-sensitive employee s urine specimen (45 mi. 3 mi. for the primary specimen and 15 mi. for the split specimen). The analysis will be performed at laboratories certified and monitored by the Department of Health and Human Services (DHHS).

4 Only the primary specimen will be opened and used for the urinalysis. The split specimen bottle remains sealed and stored at the laboratory. b. Medical Review Officer (MRO) The School Board shall retain the services of a licensed medical practitioner with knowledge of substance abuse disorders, and no affiliation with laboratories analyzing the division s drug tests, as its medical review officer (MRO). All tests shall be reviewed and interpreted by the MRO prior to being reported to school administrators. c. Test Results/Dispositions 1. If the MRO reports a positive result from the primary specimen, the hiring process will terminate for job applicants. Employees must be removed from safetysensitive duty. Within 72 hours after being notified of a positive test by the MRO, the employee may request the split specimen be sent to another DHHS certified laboratory for analysis. Until such time as the MRO reports the results of the split specimen testing, the employee will be assigned other than safety-sensitive duties, required to take sick leave (if available) or placed on leave without pay at his/her supervisor s discretion. If no such request for a confirmation test is made, employment shall be terminated. 2. If the MRO reports a positive test of the split specimen, employment shall be terminated. E. Education and Training The division shall provide an on-going training program to make safetysensitive employees and their supervisors aware of the dangers of alcohol and drug abuse and provide them an opportunity to seek assistance. This program shall include such elements as: 1. A pre-testing orientation meeting to review this policy and its implementing regulations; 2. Discussions on alcohol and drugs in the workplace; 3. Information on dealing with alcohol and drug abuse; 4. Opportunity for confidential assessment; 5. Reference materials for employees and supervisors; and 6. Training for supervisors in early detection and referral procedures. F. Records: Maintenance/Confidentiality 1. Maintenance/Reports The Director of Transportation shall maintain those alcohol/drug testing documents as are required by the U.S. Department of Transportation and compile such reports as directed by that agency. 2. Confidentiality

5 To preserve employee confidentiality, federal regulations generally prohibit the division from releasing information pertaining to an alcohol or drug test of a covered employee except as required by law. The regulations provide, however, that a covered employee is entitled, upon written request, to obtain copies of any records concerning the employee s use of alcohol/drugs, including test records. G. Program Affiliations The Superintendent or his designee is authorized to negotiate agreements for services by a medical review officer, substance abuse professionals and such other persons as may be required by the alcohol/drug testing programs. The Superintendent or his designee is further authorized to negotiate with other school divisions to create a regional consortium for the purpose of reducing costs in program implementation. H. Separability All such agreements must be approved by the School Board. Nothing in this policy shall prohibit the dismissal or other disciplinary action against any employee pursuant to any other School Board policy, division regulation or law. This policy is intended to supplement, and not supplant, any such policy, regulation or law. Whenever a School Board policy or division regulation conflicts with State and/or federal regulations or law, the regulations and law from the higher jurisdiction shall prevail. ADOPTED: December 12, 1995 REVISED: September 13, 2005 July 9, Legal Refs.: Code of Virginia, 1950, as amended, , , U.S.C CFR et. seq. 8 VAC Cross Refs.: GBEA, Unlawful Manufacture, Distribution, Dispensing, Possession or Use of a Controlled Substance

6 REVISED June 23, 2015 FILE: GDQ-PC (FORM) ALCOHOL/DRUG TESTING AUTHORIZATION NAME OF APPLICANT/EMPLOYEE By my signature below, I voluntarily and knowingly agree to the following: A. Following a tentative job offer, I consent to take breath test for alcohol use and/or urinalysis test for illegal drugs. I understand refusal to submit to such tests constitutes withdrawal of my candidacy for employment. B. I understand that during the term of my employment I may be requested to take breath tests for alcohol use and urinalysis tests for illegal or legal drugs at any time. I understand that refusal to submit to such tests requested by the school division is grounds for disciplinary action, up to and including dismissal. C. I have taken the following over-the-counter and prescription drugs within the last thirty (30) days: DRUG NAME AMOUNT DATE(S) USED D. I understand that information obtained through the above-stated tests may be retained by the school division and is exclusively the school division s property. I also understand that the examinations will be performed by medical personnel, clinics or laboratories qualified to perform the necessary work, and the costs for such examinations will be borne by the School Board. E. I consent to submit to and cooperate in any questioning, any searches of my assigned vehicle, locker or storage area, or bags or other belongings on or in the School Board s property. I understand that the refusal to submit to or cooperate in these procedures is grounds for disciplinary action, up to and including dismissal. F. I acknowledge that I have received a copy of School Board Policy GDQ-PC, Drug and Alcohol Testing for School Bus Drivers. I further acknowledge that I have read, understand and will abide by the guidelines as stipulated in this policy. A copy of this completed authorization form has been provided to me, and I understand a copy will be made a part of my personnel file. SIGNATURE DATE

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